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MILLER v. COMMONWEALTH, PENNSYLVANIA BD. OF PROBATION & PAROLE

No. 395 Miscellaneous Docket No. 3.

78 Pa.Commw. 26 (1983)

Charles W. Miller, Petitioner v. Commonwealth of Pennsylvania, Pennsylvania Board of Probation and Parole, Respondent.

Commonwealth Court of Pennsylvania.

October 24, 1983.

Attorney(s) appearing for the Case

Carol F. Munson, Assistant Public Defender, for petitioner.

Arthur R. Thomas, Assistant Chief Counsel, with him Robert A. Greevy, Chief Counsel, Jay C. Waldman, General Counsel, and LeRoy S. Zimmerman, Attorney General, for respondent.

Submitted on briefs to Judges ROGERS, CRAIG and MacPHAIL, sitting as a panel of three.

OPINION BY JUDGE MacPHAIL, October 24, 1983:

In this appeal from the denial of administrative relief by the Board of Probation and Parole (Board), Charles W. Miller (Petitioner) raises the narrow issue of whether the Board violated its own regulation when it informed Petitioner that its reason for exceeding the presumptive range for his recommitment was "multiple convictions". 37 Pa. Code § 75.1 (c) permits the Board to deviate from the "presumptive range" of...

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